直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Commentary

When AI Invents, Thorny Questions Follow for Patent Law

August 12, 2019

Law360

As the number of patent applications related to artificial intelligence (AI) increases, questions surrounding the patentability of these inventions will need to be answered sooner rather than later. These questions include whether AI can be considered an inventor under current patent law (in the United States, patent law refers to an inventor as an “individual” and there hasn’t been a test case yet for whether a machine can legally be deemed an individual/inventor) and whether an increase in inventions created by AI will undermine patent protection for inventions created by humans. Law360 contacted Finnegan attorney Susan Tull for her thoughts.

Susan said, “With these newly filed applications, what we all thought would be a very hypothetical question for some time has now become a much more immediate issue for the patent office to have to answer.”

Under the Constitution, intellectual property protections are intended to “promote the progress of science and useful arts.” Some argue that there is an incentive for humans to work toward advancing science but there is no incentive for AI to do so. However, Susan believes that allowing patents on inventions created by AI could lead to scientists finding solutions to problems that humans have not been able to solve on their own. She said, “Somebody has to dedicate the resources, the time and the money to develop that AI. If you do not provide some reward for that intellectual and financial and time investment, what will be the incentive to develop that artificial intelligence then? I think that's an argument in favor of allowing AI to be an inventor."

Related Industries

AI, Electronics, and Information Technology

Artificial Intelligence (AI) and Machine Learning (ML)

Related Offices

Washington, DC

Related News

Commentary

East Texas Reclaims Its Patent Crown

August 21, 2026

Media Mention

VW Wins in Patent Appeal Over Electrically Controlled Glasses

August 19, 2026

Commentary

UK Patent Document Access Rules Raise Secrecy Concerns

August 12, 2026

Commentary

GenAI Patent Surge Extends Well Beyond Familiar Platform Firms

August 10, 2026

Commentary

Q&A: What the 'GenAI Boom' Means for Patents

August 6, 2026

Commentary

AI Patent Surge Signals Broader Global and Industrial Reach

July 23, 2026

Commentary

Generative AI Patents Booming Globally, World IP Org. Reports

July 17, 2026

Commentary

SCOTUS to Rule on Pepsi Win, Trademark Enforcement Changes Could Follow

July 13, 2026

Commentary

PTAB Filings Down 81% in Q2 2026 as Patent Challengers Abandon IPR Playbook

July 13, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP